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Bombay High CourtMCA/42/2025disposed of

Ravalnath Builders Rep. By Partner, Rajesh Vasant Harmalkar v. Mypreferred Transformation And Hospitality Pvt. Ltd, Rep. By Managing Director

2025-03-26Hon'Ble Shri Justice Valmiki Menezes3 pages

2025:BHC-GOA:577 Jose

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO.42 OF 2025 IN APPLN. FOR APPOINTMENT OF ARBITRATOR NO.7 OF 2022 M/S RAVALNATH BUILDERS a partnership concern having their Address at F-1 Excelsior Chambers, M. G. Road, Panaji, Goa, represented herein by their Partner Shri. Rajesh Vasant Harmalkar major, married, businessman r/o Altinho, Panaji, Goa.

... Applicant.

Versus

MYPREFERRED TRANSFORMATION AND HOSPITALITY PRIVATE LIMITED A Company incorporated under the Companies Act 2013, having their Registered office/address at

(1) 3rd Floor, Orchid Centre, Sector 53, Golf Course Road, Village Haiderpur Viran, Gurugram Gurgaon HR 122002

(2) 9th Floor, Space Plazo, Southern Periphery Road, Gurgaon 122 001.

Represented herein by their Managing Director.

... Respondent.

Mr. Raunak Kantak, Advocate for the Applicant. Ms. Krupa Naik, Advocate for the Respondent.

CORAM:

VALMIKI MENEZES, J.

DATED:

ORAL ORDER:

1.

Heard Mr. Raunak Kantak, learned Counsel for the Applicant and Ms. Krupa Naik, learned Counsel for the Respondent. 2.

This is an application for an extension of time under Section 29-A (4) and (5) of the Arbitration and Conciliation Act, 1996 ('the Act').

3.

Vide order dated 05.09.2022 in an Application for Appointment of an Arbitrator bearing No. 07 of 2022, this Court appointed Mr. R. G. Ramani, learned Senior Advocate as the Sole Arbitrator.

4.

The pleadings of the parties were completed by 19.07.2023. The period of 12 months for recording evidence and making an award, as mandated under section 29-A of the Act, expired on 18.07.2024. By written consent of the parties, the mandate of the Arbitral Tribunal was extended by a period of six months under section 29A(3) of the Act, which expired on 17.01.2025. 5.

By this application, the Applicant seeks a further extension of the mandate of the learned Arbitrator by a period of twelve months from 17.01.2025, to complete the evidence and to make an award, thereby concluding the arbitral proceedings.

6.

Ms. Krupa Naik, learned Advocate appearing for the Respondents, on instructions, submits that they have no objection for

grant of extension of the mandate to the sole Arbitrator for a period of twelve months as prayed.

7.

Accordingly, the application is allowed in terms of prayer clause (a) thereof.

8.

Application stands disposed of in the above terms. VALMIKI MENEZES, J.

Signed by: JOSE FRANCISCO DSOUZA Designation: Personal Assistant Date: 26/03/2025 18:01:21